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The Study of "Copycatting Phenomenon" under the Perspective of Intellectual Property Rights

Author: DiaoLiHong
Tutor: LiHongWu
School: Shandong University
Course: Civil and Commercial Law
Keywords: copycatting phenomenon Intellectual Property Rights Patent Law the trademark law the World Trade Organization (WTO for short)
CLC: F204
Type: Master's thesis
Year: 2011
Downloads: 58
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Abstract


In 2008, a "copycatting phenomenon" became a new vogue throughout the country which led into a hot interpretation by both mainstream and non-mainstream media. There are different argues among the public:those who like the phenomenon thought that "copycatting" is a great challenge to the authority, thus, it should be advocated; while those who despise this phenomenon believed that it reflected the people’s lack of innovation, which was pathological, thus, it should be curbed. The author of this paper thinks it is not advisable to define the phenomenon in a simple, reckless and arbitrary way. As it goes in the core of Hegel’s philosophy:"Existence is reasonable."As for "copycatting phenomenon", since it can shock the society, its occurrence can not be accidental. There must be some reason for its existence. Temporarily, we don’t focus on whether the reason is reasonable or legal. However, its existence is not decided by the subjective wills of one man or one part of men.The author thinks that "copycatting phenomenon" as a social phenomenon is not only an economic phenomenon and a cultural phenomenon, but it also is a legal phenomenon. Therefore, this paper tries to interpret this phenomenon from the angle of law. The surface of "copycatting phenomenon" is imitation and replication, hence, it naturally associates with intellectual property rights. In this case, the law of Intellectual Property Rights is the tool to analyse this phenomenon. It should be noted, however, that "copycatting phenomenon" is more global than domestic social phenomenon in an era of economic globalization, information network. This shows, to analyse the phenomenon, it is not enough to depend merely on the domestic interpretation of Intellectual Property Rights. It is indispensable to further analyse this phenomenon in international social background, in the respect of international Intellectual Property Rights. Only in this way, can "copycatting phenomenon" be understandable eventually.Basing on the current domestic Intellectual Property Rights, the paper analyses "copycatting phenomenon" step by step and finally concludes that "copycatting phenomenon" implies the fierce competition among international Intellectual Property Rights. And in this context "copycatting phenomenon"came into being. In other words, the international social background for "copycatting phenomenon" is the competition of international Intellectual Property Rights. This is a war with no winners. When TRIPS became one of the three major systems of WTO, Intellectual Property Rights had already become globalized. Then we see knowledge is tradable internationally in 21st century. Three factors involved in international trade:merchandise, services, and knowledge show how important Intellectual Property Rights are! It determines the prospect of a nation, and a people. It matters what kind of international competition strategy we should take. In 21st century, how wise and far-sighted it is to establish an innovative country!There are three parts in this paper:In the first part, which is the basis of the paper, the author states briefly the background of "copycatting phenomenon", current situation of the study in this field, and the categories of "copycatting" definitions; In the second part, which is the major part of this paper, the author interprets the "copycatting phenomenon" in details from the angles of the current domestic Patent Law, the trademark law, the copyright law. In the third part, which is the sublimation of this paper, the author concludes that:Firstly, we should treat the "copycatting phenomenon" objectively and justly. Meanwhile,the author points out how to deal with the current domestic Intellectual Property Rights; Secondly, we should learn how to prevent the abuse of Intellectual Property Rights by developed countries or multinational enterprises; Thirdly, we should select flexible intellectual property system in modern society to establish an innovative country which will finally realize the great revival of the Chinese people!

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